C & F Quadrant Ltd
Terms & Conditions of Sales
1. Definitions“The Company” shall mean C & F Quadrant Ltd “Goods” shall mean all the products, articles, materials and components supplied or
otherwise dealt in by the Company.
All orders are subject to these Terms and Conditions, which prevail over those of the Buyer unless otherwise agreed by a director of the Company in writing. No terms or conditions put forward by the Buyer, nor verbal representation, warranties, guarantees or other statements made by or on behalf of the Buyer to the Company shall be binding on this Company unless confirmed by the Company in writing.
Notwithstanding acceptance of the Buyers order, the Company gives no warranty or undertaking that the goods are available and reserves the right to cancel the order if it should be unable to effect the order within a reasonable period of time for any reason whatsoever and in such a case the Company shall not be liable to compensate the Buyer.
The Buyer is on notice that no goods sold by the Company are manufactured by the Company, but are purchased either from manufacturers or agents and marketed by the Company under the Company name. The Buyer agrees that the Company is not the producer of the goods.
3. Quotations & Published Prices
Any quotation or published price is subject to alteration or withdrawal without prior notice as a result of fluctuations in exchange rates or labour, material, transport or other costs, so that the Company has the right to adjust its prices to those prevailing at the time of dispatch.
The company reserves the right to impose a re-handling charge of 15%
Carriage will be charged on deliveries to the delivery address given with the buyer’s order. Unless there are specific written instructions from the buyer nominating an individual to accept delivery the Company is authorized to accept the signature on a receipt of any person at the delivery address appearing or representing himself to be a servant or agent of the buyer and such a signature shall be proof of delivery.
The Company cannot permit goods to be left at the delivery address otherwise than in exchange for a signed receipt, nor can such a receipt be qualified in any way whatsoever other than to identify a missing item or by describing the damage to any item alleged to be found damaged on delivery .
The Company shall only be obliged to delivery the goods to the destination given with the order unless such destination is changed by notification in writing, but if on delivery a person appearing or representing himself to be a servant or agent of the Buyer provide to the Company’s driver a written request to delivery the goods to an alternative address, then the driver may at his discretion honour such a request and this shall be entirely at the Buyer’s risk and the Company shall not be responsible for any losses thereby occasioned.
Times quoted for despatch or completion represent the Company’s best estimates only and are given in good faith, time not being of the essence. In the event of the Buyer failing to take delivery at the appointed time and / or place, the Company shall be entitled to charge for all expenses which may be incurred by reason of such failure.
5. Damage Or Loss In Transit
Any alleged damage or loss in transit must be notified in writing to the Company within five days of receipt of goods. Should goods not be delivered within 7 working days of date of receipt of invoice for the goods, immediate notice in writing must be given to the Carriers and the Company.
6. Transfer Of Risk And Passage Of Legal Title
Notwithstanding any provisions hereof, risk in the goods shall pass to the Buyer at the moment the goods leave the Company’s premises.
Notwithstanding the earlier passing of risk in accordance with these conditions, legal title in the goods supplied by the Company shall remain with the Company and not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the price of the goods and of all other debts for goods or services owed to it by the Buyer on any account.
7. Warranties & Guarantees
The Company warrants that the goods are of reasonable quality and will be delivered in a reasonable condition, but does not give any warranty that the goods are fit for the use intended. Any complaint relating to the quality or condition of the goods must be notified to the Company within 5 days of receipt of the goods and if the Company so demands, the goods will be returned to the Company for examination, whereupon if the complaint is found to be justified then the goods will be replaced free of charge but the Company shall not be under any further liability whatsoever.
Any complaints as to condition or quality relating to part only of an order will not affect the liability of the Buyer to make payment within the stipulated time in respect of the remainder of the consignment.
The Company gives no guarantees or warranties whether specific or implied, as to fitness for the intended use of the goods whether known or unknown to the Company at the time of the Buyer placing the order, other than to the extent of assigning to the Buyer such guarantees or warranties as may be provided by the manufacturer in its literature published from time to time or contained inside the packaging of the goods. The Company shall have no liability under any such guarantees or warranties provided by the manufacturer.
8. Re-sale Of Goods Supplied
Where the buyer sells or otherwise deals with the goods supplied by the Company, the Buyer will ensure that the correct instructions and warnings are given to the ultimate consumer of the goods.
9. Settlement Terms
Payments shall be made within 30 days end of month and the Company shall have the right to cancel or suspend any further orders for goods in the event that earlier invoices are overdue at the time a further order is received or due to be dispatched. Notification of queries and/or complaints must be submitted verbally or in writing within 28 days of receipt of goods.
All orders accepted by the Company and any dispute arising there from shall be governed by the laws of the Republic of Ireland and shall be subject to the jurisdiction of the Irish Courts.
Luxair Cooker Hoods Ireland © 2019